Rajesh Rai v. The State Of Bihar
Patna High Court Cr.Misc. No.48987 of 2016 (02) dt.15-12-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48987 of 2016 Arising Out of PS.Case No. -294 Year- 2015 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Rajesh Rai, son of Mahendra Rai, resident of Village- Bijdhari, P.S. Keseriya, District - East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava -Advocate For the Opposite Party/s : Mr. Sri Parmeshwar Mehta-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
In the background of prevailing animosity amongst accused Balindra Rai with the prosecution party, it has been alleged that all the accused persons variously armed, made house trespass and then thereafter, petitioner Rajesh Rai along with Rakesh Rai, Ram Babu Rai, Ravi Ranjan @ Tinku gave repeated Dab blow while Arvind Rai had given farsa blow. It has also been stated that Sunil Rai, Surendra Sahani, Ram Ayodhya Rai assaulted with lathi to inmates of the house and during course thereof, Balindra Rai, Mahendra Rai, Surendra Rai and Bhola Rai in order to terrorize, fired indiscriminately in the air. Furthermore, it has also been disclosed that accused persons took away the
Patna High Court Cr.Misc. No.48987 of 2016 (02) dt.15-12-2016 articles so detailed therein. It is needless to say that complaint was filed after so many days of alleged occurrence. Having some sort of explanation and considering the aforesaid improbability for the sake of granting of bail, co-accused Ram Babu Rai had already been granted bail under Cr. Misc. No.26233 of 2016 vide order dated 05.07.2016 wherein the nature of the injuries having been sustained at the end of the complainant/ informant was also taken into consideration.
Accordingly, petitioner, Rajesh Rai is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Kesariya P. S. Case no.294 of 2015.
(Aditya Kumar Trivedi, J) Vikash/- U T